Reo West Pty Ltd Summary

[2013] FWCA 8183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reo West Pty Ltd
(AG2013/8498)

REO WEST ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 OCTOBER 2013

Application for approval of the Reo West Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Reo West Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved Reo West Pty Ltd, the employer, and the Construction, Forestry, Mining and Energy Union, the employee representative. The dispute centred around the application for the approval of the Reo West Enterprise Agreement 2013. The legal issues the court needed to address were whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it was a "better off overall test" agreement and whether it complied with the procedural fairness requirements.

The court examined whether the agreement provided employees with a minimum of ten percent improvement over the award or existing agreement and whether it had been fairly negotiated. Additionally, the court assessed whether the union had appropriately represented its members and if the employer had provided all necessary information to the union. The court found that the agreement satisfied the "better off overall test" and that the union had adequately represented its members. The employer was found to have failed to provide all necessary information to the union, but this did not invalidate the agreement's approval. The court concluded that the procedural fairness requirements were met, and the agreement was approved.

In summary, the Full Bench of the Fair Work Commission found in favour of the employer and approved the Reo West Enterprise Agreement 2013. The court determined that the agreement met the legal requirements for approval and was fairly negotiated. The union was deemed to have appropriately represented its members, and while the employer had not provided all necessary information to the union, this did not affect the overall approval of the agreement.

Reo West Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established